RFP - Appraisal and Annual Updating of Public Utility Property, Right of Way(s), Conduit and Telephone Poles

Job Status: 
Closed - no longer accepting applications
Job Closing Date: 
Wednesday, August 31, 2022 - 4:00pm
Job Reference Number: 
071822
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Request for Proposal - Durham, NH

Appraisal and Annual Updating of Public Utility
Property, Right of Way(s), Conduit and Telephone Poles

The Town of Durham is requesting a proposal to appraise the Market Value of the real estate assets owned by taxable Public Utilities and Telecommunications in Durham, NH. The proposal is for a full revaluation for TY 2023 and annual updating of taxable utilities and telecommunications for TY’s 2024 thru 2027. Utility and telecommunication companies owning/leasing property in Durham include:

Eversource Energy – Distribution Property

New Hampshire Electric Coop.

Northern Utilities, Inc.

Use of Public Rights-of-Way (On Street)

Eversource Energy – Transmission & General Property

Consolidated Communications, Inc.

Comcast Cable

American Telephone & Telegraph (AT&T)

Verizon Wireless (Wireless Communications

Independent Wireless d/b/a Sprint (Wireless Communications)

Sprint/Sprint Spectrum (Wireless Communications)

T-Mobile (Wireless Communications)

AT&T (Wireless Communications)

Electric Transmission Easements/Rights-of-Way (Off Street)

Proposals are to be submitted in a sealed envelope clearly marked Municipal Appraisal of Public Utility Property and will be received by the Town Assessor at the Durham Town Hall.  At least two (2) copies of the proposal must be submitted, one of which must be an original signed in ink. A vendor may attach any explanatory materials, brochures, or other documents, which it may feel of use in the presentation of its proposal. The proposal shall also include a letter of transmittal, which contains the name of the person, firm or corporation submitting the proposal and the date of its presentation.

Proposals are due by August 31st, 2022, at 4 pm and will be considered for award by the Durham Town Council by September 2022.

Any correction or modification to the proposal by the vendor shall be made before the bid opening date and time, in writing.  Any correction or modification must be sealed and clearly marked “Modification to Full Revaluation RFP”, with the name of the proposer.

The Town reserves the right to reject all proposals, to award proposals in whole or in part, waive technicalities or informalities and to accept any proposal deemed to be in the best interest of the Town.

Vendor’s proposal submission shall contain the following

 

  1. Cover Letter A cover letter which is signed by an authorized owner or agent of the vendor, committing the vendor’s resources to complete the project on time and within the fee.
  2. Statement of Understanding.  A statement confirming full understanding of the project as proposed in accordance with the Scope of Work described herein. 
  3. Proof of Certification.  Written certification of approval by the Department of Revenue Administration pursuant to Part 600, Administrative Rules.  Each vendor, corporation, partnership, or individual must hold from the time of submission of the proposal through the completion of all work hereinafter required.
  4. Contact Information.  Complete contact information of the person or persons authorized to answer questions relating to the proposal. 
  5. Description of the Vendor’s Qualifications.  A statement describing the vendor’s qualifications and experience and identifying the number of years engaged as a vendor, corporation, partnership, or individual specializing in governmental tax revaluation services. 
  6. ​​​​​​​References.  A complete client list, including contact information, of municipalities to which it has rendered services during the last three (3) years. At least (3) such projects shall have been performed for a municipality whose assessment list is comparable or larger than the Town of Durham.
  7. ​​​​​​​Assigned Personnel.  The written qualifications of all personnel assigned to this project in the form of a résumé.  Assigned personnel shall be experienced and competent appraisers who have been approved first by the NH Department of Revenue Administration and the Town of Durham for the work contemplated by this proposal.
  8. ​​​​​​​Proposed Project Completion Schedule.  The vendor shall include an approximate project completion schedule recognizing the project completion date of August 1, 2023.   
  9. ​​​​​​​Fee Schedule.
  • Broken down by task.
  • Identification of reimbursable expenses. 
  • Fees and costs that would be charged in the event of an appeal beyond the local level.
  • Time and materials option including appeals.

 

SELECTION CRITERIA AND RESERVATION OF RIGHTS

Proposal price shall be a consideration, but lowest dollar cost shall not be the sole criteria to be considered.  Consideration in the awarding of the contract will be given to price, experience, competence, quality, personnel, the ability to meet the Town’s time constraints, nature & size of the organization, and the quality of similar projects performed by the appraisal firm. 

The Town of Durham reserves the right to reject any, or any part of, or all proposals; to waive informalities and technicalities and to accept the proposal that the Town deems to be in its best interest. 

The Town of Durham reserves the right to undertake such investigation of the vendor as it deems necessary to evaluate qualifications.  The vendor may be asked to execute releases to facilitate reference checks.  Failure to execute a release if requested may result in disqualification.

SCOPE OF SERVICES

Good FaithThe Vendor shall, in good faith, use their best efforts to assist the Town of Durham in determining accurate and proper market valuations for utility properties, and will work closely with the Town’s Assessor to ensure a successful project.

Public RelationsIf called upon by the Town’s Assessor, the vendor will assist the Town in taking measures at all stages of the project to foster and maintain good relations with the taxpayers of the Town, Town Officials, Agents, and Town Employees.  Such measures may include the dissemination of information to the taxpayers via appropriate local media that will serve to inform and educate the public at large of the following points:

  • Necessity of a Full Revaluation program
  • Progress, status, and goals of the project
  • Necessity of data collection or verification
  • Necessity of property owner cooperation

Employees:  The Vendor's employees shall always treat the taxpayers, residents, and Town employees with respect and courtesy. The Vendor shall take appropriate and meaningful disciplinary measures against those employees who violate the terms of this provision.

The Town, at its sole discretion, shall have the right to request that any employee involved in the project be removed for any reason it deems appropriate or in the best interests of the Town.  The Vendor shall comply with this provision upon request in writing by the Town Assessor.

The Vendor shall not employ or compensate, in any way, a Town Officer, agent, or employee or any member of the family of such officer or employee in the performance of any work under the Contract.

For the grading, classifying, appraising and data collection of all property covered by this contract, the vendor shall only employ personnel who are:

  • Certified by the DRA, in accordance with New Hampshire Code of Administrative Rules, ASB 303 for the work they will be performing; and
  • Approved by the Town.

Upon approval of the contract and before the update begins, the Vendor shall forward to the DRA a list of the approved employees assigned to the update project.

The Vendor shall ensure that a DRA certified assessor supervisor will be working on the revaluation 100% of the time.

All employees working outside The Town Offices or assigned office quarters will always wear an identification card, in a format acceptable to the Town’s Assessor, on a conspicuous location upon their person. All employees will be required to allow close inspection of the identification by any interested taxpayer or resident upon request.  Due to the COVID pandemic, employees will adhere to the CDC guidelines regarding mask wearing while inspecting the interior of properties.

Supplies, Office Space and Hours of Operation:  If required, the Town of Durham shall furnish the appraisal firm with sufficient office space/furniture and allow access to telephones and other equipment, as necessary, to carry out the terms of this contract.  The Assessor’s office shall be open during the regular hours maintained by the Town of Durham. 

Forms: All forms utilized throughout the project shall first be approved by the Town Assessor; as to format, design, content, shape, size, color, and quality.  Such forms are to include, but are not limited to income and expense forms, file control forms, quality control forms, telephone log forms, incident forms, inventory content forms, and the like.

All documents, records, data, and other material, in manual, mechanized or electronic form, procured or produced in the performance of the project will be the sole property of the Town at the conclusion of the project, as determined by the Town’s Assessor. 

Assessor's Records:  The Vendor shall use a system of parcel accounting that is acceptable to the Town.  Existing information will be provided to the Vendor by the Town in an acceptable electronic manner.  The Vendor will be allowed access to existing manual assessing records on the premises. 

Data Collection:  All data collection and updating photos where necessary, will be performed by the contractor in accordance with the revaluation procedures established by the Town’s Assessor.  Any parcel having had a building permit since April 1, 2023, will be reviewed by the Assessors Office with any changes recorded for the revaluation.

CAMA System:  The Town of Durham utilizes Vision Assessment Software.  All required data changes shall be performed by the contractor (unless otherwise specified) and reviewed by the Town Assessor. 

Valuation Process:  The Vendor shall assign estimates of fair market value as of the effective date of valuation for all taxable utility properties in Durham that are part of the Vendor's responsibilities. The Vendor shall also make diligent efforts to ensure uniformity in the application of influence factors and schedule assignments, as well as the accuracy of codes, classification, and data.

Notices of Value and Informal Reviews:  Once preliminary values are available, notices of value will be mailed to each property owner at the expense of the Town. Taxpayers will be given an opportunity to informally discuss the value with the Vendor.  A place of mutual agreement will be determined, and the Town will assist in the coordination of informal hearings.   

Formal AppealsThe Vendor agrees to provide a fee schedule detailing the costs for appeals to the NH Board of Tax and Land Appeals (BTLA) or Superior Court.

Turnover:  Upon final maintenance of all properties by the Vendor, no later than August 31st, 2023 thru 2027, the Vendor shall deliver to the Town, in completed and final form and in good order, the following deliverable products:

An estimate of fair market value for all taxable utility properties situated within the Town which were appraised by the Vendor.

USPAP Compliant Final Appraisal Report (RSA 21-J:14-b, 1, (c)).  This report shall follow closely the most recent Edition of the Uniform Standards of Appraisal Practice (USPAP).  The report shall contain the following sections: 

  • A Letter of Transmittal.
  • A Certification Statement.
  • A section detailing the Scope of Work.
  • A section detailing sales, income, and cost approaches to value including all valuation premises.

 A section including statistical analysis and testing.  The Vendor shall bind the USPAP Compliant Final Appraisal Report for use as an appraisal manual. The Vendor shall instruct the Assessors in the use of the manual so that the assessors shall understand the appraisal process being utilized. Upon completion of the revaluation, the Vendor shall deliver one copy of the manual to the Assessor’s Office and one copy to the Department of Revenue Administration.

The original or a copy of all records and computations, made during this project shall always be the property of the Town and upon completion of the project or termination of the contract by the Town, shall be left in good order in custody of the Town’s Assessor. 

Services To Be Performed By The MunicipalityThe Town will provide for the 2023 revaluation and the annual updates for TY’s 2024 thru 2027 the following information:

• Each company’s tax cards, including cell tower host sites.

• Each company’s Inventory of Taxable Property Form PA-28.

• The MS-1 report(s).

• For the companies that are required to report, the companies’ PA 80, 81 and 81E, and

   accompanying PA 84s.

• Copy of, or authorized access to, the most recent tax maps.

• Any recent building permits.

• Any current settlement agreements.

• Any PILOTs for the companies (if applicable).

• Any leases for cell towers or cellular carriers (if applicable).

• Any cell tower current use / land use change tax forms (if applicable).

• Any municipal GIS mapping indicating utility location and data.

• Pole license / franchise agreements (cable/telephone/fiber optic/attachers); and

• Most recent land valuation schedules.

CHANGES, SUBLETTING, COMPLETION DATE & TIME SCHEDULE

Changes and Subletting of Contract; Revisions, Modifications, Subletting

The appraisal firm shall not change, modify, assign, transfer, delegate or sublet the contract, or any interest or part therein without first receiving written approval from the Town of Durham, the Department of Revenue Administration, and the bonding Company. It shall be mutually agreed and understood that said consent by the Town shall in no way release the appraisal firm from any responsibility or liability as covered in these specifications and contract.

Time Schedule

The project shall start no later than thirty (30) days after execution of the contract or other schedule agreed upon by the parties in writing.

All pertinent information including supporting documentation shall be finalized and turned over to the Town no later than August 31, 2023 thru 2027.

GENERAL CONDITIONS

Cancellation and Material Breach

If the appraisal firm does not pay its debts as they shall become due, or if a receiver shall be appointed for its business or its assets and not voided within sixty (60) days, or if the appraisal firm shall make an assignment for the benefit of creditors, or otherwise, or if interest herein shall be sold under execution or if it shall be adjudicated insolvent or bankrupt, then and forthwith thereafter, the Town shall have the right at its option and without prejudice to its right hereunder to terminate the contract and withhold any payments due.

Should the appraisal firm fail to fulfill, in a manner deemed timely and satisfactorily to the Town, its obligation under the contract, or if the appraisal firm should violate any of the material covenants, conditions or stipulations of the contract, which failure or violation shall continue and is not cured for fifteen (15) days after written notice and description of said failure or violation is provided by the Town and is received by the appraisal firm; then the Town shall have the right to terminate the contract by giving written notice to the appraisal firm of such termination and specifying the effective date thereof, at least seven (7) days before the effective date of such termination; and the appraisal firm shall remain liable for the breach of the contract by the appraisal firm.

If this termination clause is invoked, the appraisal firm, its agents and employees shall, at the Town Assessor’s direction, vacate the office space provided by the Town in an orderly fashion, leaving behind all records, properly filed, and indexed, as well as all other property of the Town, in good condition. Any funds held by the Town under the contract shall become the property of the Town to the extent necessary to reimburse the Town for its cost in obtaining another contractor and supervising the transition. To the extent that any funds held by the Town under the contract do not cover the Town’s costs to obtain another contractor and to supervise the transition, the appraisal firm shall be liable to the Town to reimburse the Town for such costs. Termination of the contract and retention of funds by the town shall not preclude the Town from bringing an action against the appraisal firm requesting damages or exercising any other legal, equitable or contractual rights the Town may possess in the event of the appraisal firm’s failure to perform, including but not limited to, recovery costs and attorneys’ fees.

Excusable Delays

In no event shall either party be liable to the other for any delay or failure to perform which is due to any act of God, or actions of civil or military authorities, civil disturbance, wars, strikes, fires, natural catastrophes, or other similar causes beyond the control and without the fault or negligence of the party claiming excusable delays.

Deliverable Products

All documents, records, data, and other material, in manual, mechanized or electronic form, procured or produced in the performance of the project will be the sole property of the Town at the conclusion of the project, as determined by the Town Assessor. 

PROTECTION OF THE TOWN

​​​​​​​​​​​​​​Bonding

The appraisal firm shall, to secure the faithful performance of the terms of the contract, furnish to the Town a Performance Surety Bond within fifteen (15) days of the execution of the contract, in the amount of the contract, such bond shall be issued by an admitted bonding company licensed to do such business in the State of New Hampshire within an A.M. Best Company rating of “A+” or better. Said bond shall be delivered to the Town prior to the commencement of actual work and shall be in a form satisfactory to and approved by the Town Attorney. This bond shall secure performance of all the appraisal firm’s obligations under the contract. 

​​​​​​​Indemnification and Insurance

  1. The appraisal firm agrees to defend and indemnify the Town against claims for bodily injury, death, and property damage, which arises during the appraisal firm’s performance of the contract.
  2. The appraisal firm shall not be responsible for consequential or compensatory damages arising from the late performance or non-performance of the agreement caused by circumstances, which are beyond the appraisal firm’s reasonable control.
  3. The appraisal firm shall maintain public liability insurance, automobile liability insurance and workmen’s compensation insurance.
  4. The public liability insurance shall be in the form of commercial general liability with the inclusion of contractual liability coverage and shall provide limits of:
  • $1,000,000 each person.
  • $1,000,000 each occurrence for bodily injury liability, and
  • $1,000,000 each occurrence for property damage liability; and

      5. The automobile liability insurance shall be in the form of comprehensive automobile liability and shall provide limits of:

  • ​​​​​​​$1,000,000 each person; and
  • ​​​​​​​$1,000,000 each occurrence for bodily injury liability; and

​​​​​​​      6. The appraisal firm shall provide to the Town:

  • ​​​​​​​Certificates of insurance, written by an insurer licensed in the State of New Hampshire, confirming the required insurance coverage shall be provided to the Town; and
  • ​​​​​​​A thirty (30) day written notice of the cancellation or material change in the required insurance coverage.
  • ​​​​​​​Liquidated Damages                                

      7. Failure of the appraisal firm to complete all work prior to the date specified herein, August 31, 2023 thru 2027,        shall cause the appraisal firm to pay the Town FIVE HUNDRED DOLLARS ($500.00) per calendar day beyond the specified date of completion. Said amount being stipulated by the parties as reasonable and not greatly disproportionate to the presumable loss or injury.  Such loss or injury being real but uncertain in amount or difficult to prove, causing the parties to liquidate them in advance.  For these liquidated damages only, completion of all work is defined as follows:

  • Complete collection and analysis of all pertinent income and expense information including all supporting documents, as it relates to the commercial property in this project.
  • These liquidated damages, if applied, shall be deducted from the contract price.  Delays occasioned by war, strike, explosion, or acts of God or an order of court of competent jurisdiction are exempted.
  • Warranties

The appraisal firm represents and warrants that any services provided by the appraisal firm hereunder, shall be rendered in a professional manner by qualified personnel trained and skilled in the performance of the specific service involved and that the appraisal firm shall employ qualified personnel in such positions as are necessary to execute or to fulfill all the terms and conditions of the agreement and that such personnel shall possess the minimum qualifications previously stated in this document.

PAYMENT SCHEDULE

The Vendor will submit monthly itemized invoices that accurately indicate the extent and nature of the work performed by volume, street, category or in any other manner required by the Assessor.  Payment shall be within thirty (30) days of invoice date.

Upon the Assessor’s determination that the invoice accurately portrays the work performed during the previous month, a percentage payment, representing ninety (90) percent of the proportion of the total work completed for that month shall be paid to the appraisal firm.

Ten (10) percent of the total contract amount shall be withheld until such time as the Assessor determines the appraisal firm has performed fully and satisfactorily all its obligations, requirements, and litigation support under the terms of the contract.

All monthly progress reports and work completed will be subject to the review and approval of the Assessor.